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MINUTES – MENDHAM TOWNSHIP COMMITTEE June 27, 2006 Mayor Krieg called the meeting to order at 7:30 p.m. in
Township Hall, ROLL CALL
Present:
Mr. Pierson, Mr. Phelan,
Mr. Schrier, Ms. Florek
Absent:
Mayor Krieg
Also Present: Andrew
Brewer, Esq. for Christopher Falcon,
Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGDeputy Mayor Pierson read the following statement: STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on January 6 2006; Notice was posted on
the bulletin board in Township Offices and Notice was filed with the Clerk on
January 6, 2006.” APPROVAL OF MINUTES – May 8, 15, 19, 23
and June 12, 2006 - Mr.
Schrier made a motion to approve these minutes as written; Ms. Florek seconded
the motion. ROLL CALL – All
present voted YES.
OLD BUSINESS No Old Business HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Patricia Zimmerman, Mrs. Cecelia Donato, Elizabeth Donato, Deputy Mayor Pierson thanked Mrs. And Ms. Donato for their comments and
noted that a large portion of India Brook Park will remain available for passive
recreation such as hiking. He
indicated that a presentation concerning India Brook Park will be heard this
evening and he hopes they will stay to hear it. No others asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Discussion of India Brook Ball Field Proposal / Andrew Holt of Suburban Consulting. Mr. Mountain said Mr. Holt, following his presentation at the May 23rd meeting, has reviewed a number of the items in the proposal and he (Mr. Mountain) feels that the Committee can now look at options that provide for reducing the number of fields from two to one. Mr. Holt reviewed the original proposal and his revised proposal. He said the basis of the project as originally proposed included a regulation size multi-purpose field and a reduced size field plus 100+ parking spaces all located towards the front of the property along with improvements and continuation of the access road. He said there was some concern by the neighboring property owners over the intensity of development and also about the look of the site once the grading was changed. Mr. Holt said the revised proposal reduces the magnitude of disturbance, improves the setbacks, buffers, traffic circulation, parking and costs. He said the Recreation Commission has expressed their desire for full size fields. He noted that an open field to the rear of the site presents options. Ms. Florek asked if Mr. Holt saw any safety issues with either of the options. Mr. Holt said he likes the idea of having parking visibly near the playing field. Ms. Florek asked about the cost of the revised option. Mr. Holt said there was the potential for an increase in cost. He said he is much more comfortable with the benchmark for option 1, but there is some uncertainty with the other two options because they have not done extensive exploration of the site further back on the property. Mr. Phelan asked if the Recreation Commissioners have seen this revised proposal. Mr. Mountain said the director has seen it and he verbally described it the Commission members but a follow-up meeting will be scheduled. Mr. Phelan asked if a traffic study would be done. Mr. Mountain said the Planning Board would require a traffic study for their review of the site plan. Mr. Phelan asked about the anticipated time of use of the fields. Mr. Mountain said primarily in the fall and spring with practices during the week and games on weekends. Mr. Phelan pointed out the balance when this was added to normal traffic patterns. Mr. Mountain said, if there is a consensus by the Committee for one of the options, the consultant could be directed to prepare a final design for presentation to the Planning Board. Mr. Schrier suggested, before making a decision, to wait until after the public has had an opportunity to speak on this issue. Upon motion duly made and seconded the meeting was opened to the public for comment on this matter only. Marian Koste, Mr. Pierson said in talking to the Little League folks they indicate a need for a baseball field. Mr. Phelan asked if there was any discussion of a baseball field at this site. Mr. Mountain said the feeling from Recreation was that this wasn’t the appropriate place to put a baseball field and it was removed from consideration. Mr. Phelan said if the soccer fields are put in the back of the site, the front portion could become a ball field. Mr. Mountain said he would discourage that based on feedback that there are better locations in town for a ball field. Mrs. Koste said she heard input from the Recreation Commission and would like to hear input from the Open Space and Environmental Commissions as to how they feel about the use of the property. Cecilia Donato, Mrs. Donato said she is concerned about traffic, especially
with children riding bicycles. Mr.
Phelan said it is currently recognized as a dangerous road as far as traffic is
concerned before anything is done at this site.
He said one of the first things that will be asked of an analysis is what
impact will this proposal have on traffic on Mr. Mountain will request commentary from the Recreation Commission and schedule another neighborhood meeting. He will also share the document with the Environmental Commission and the Open Space Committee and ask for their comments. Once all comments have been received the topic will be scheduled for a Township Committee meeting. 2. Resolution
R2006-89 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, it is deemed appropriate that the Township Committee discuss the
matters hereafter mentioned without the presence of the public in accordance
with the provisions of R.S. 10:412b, being section 7b of the Open Public
Meetings Act.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Matters relating
to:
[x] personnel
[ ] negotiations
[x] acquisition of property
[x] litigation
[ ]
attorney/client privilege
shall be discussed
by the Township Committee without the presence of the public.
It is anticipated that these matters can be disclosed to the public when
further action is taken in connection with the discussion.
Mr. Phelan made a motion to adopt R2006-89; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES. 3. Mr. Mountain asked the Committee to approve a Notice of Intent to Award a Contract for the acquisition of the new ambulance. He said there is a discrepancy between the bid amount and the appropriation by ordinance. The First Aid Squad will contribute the difference, however, an amended ordinance must be adopted to include reference to that contribution. He also indicated that only one bid was received, which is not uncommon. Mr. Phelan asked what precluded other bidders. Mr. Mountain said he talked to Jesse Smith today and he indicated that he would be happy to come over this evening to answer any questions the Committee may have. Mr. Phelan asked if the specifications were a result of dialogue with the one bidder. Mr. Mountain said that was a probability. Ms. Florek asked about any revenue from the current ambulance. Mr. Mountain said that was not included in the specs and would be sold separately, but any revenue would reduce the Township’s share of the cost. Mr. Phelan asked what amount lower than the $150,000 appropriation could be anticipated if this was re-bid. Mr. Schrier said he was fine with the process so far. Mr. Mountain said the likelihood would be that a re-bid with the same specs would have the same result. He said there would be a better chance of getting more than one bidder if the specs were tweaked. The Committee agreed to ask Jesse to come to Township Hall this evening to explain. 4. Resolution R2006-90 – Authorization for application to NJDOT; A copy of application is attached hereto and made a part hereof. Mr. Mountain explained that the application is for a stream bank stabilization project that was done by the County. The Township has agreed to finish the project and this grant would enable the Township to do that at less than 50% of the cost, which cost would be about $100,000. Mr. Schrier made a motion to adopt R2006-90; Mr. Pierson seconded the motion. ROLL CALL – All present voted YES. 5. Discussion of Brush Collection Ordinance – Ms. Florek said the existing ordinance has issues and is not working because it does not contain a time restriction for the period prior to the start of collection and she also noted that a neighbor has to file a complaint. Mr. Mountain said if a police officer files a complaint it would cost a minimum of four hours court time and from an efficiency standpoint it is better for the offended resident to file a complaint. Chief Costanza noted that, in most cases, the judge would impose a fine of $20 for a case that would cost the Township $150 in overtime pay. Mr. Schrier said the ordinance needs to be enforced but if a first offender is given a small fine that is not good either. Mr. Pierson said he is concerned with the requirement for tying brush for collection. The Committee agreed to get comments from Dave Read regarding tying vs. not tying prior to changing the ordinance. Jesse Smith arrived at this point. Mr. Pierson thanked Jesse for coming in.
Mr. Phelan asked Jesse, in his opinion, why only one company bid on the
ambulance. Mr. Smith said, in his
opinion, there is only one company that has chosen to take drive, passenger and
crew safety to a level where it should be. He
said most damage that occurs to ambulances results from being sideswiped and
this company has built vehicles that can sustain incidents that others cannot.
Mr. Phelan asked if the specifications are written to that effect and if
others have the ability to bid to those specifications.
Mr. Smith said others have decided not to pursue that market.
Mr. Schrier asked if this type of ambulance is manufactured en masse.
Mr. Smith said there is a standard. Mr.
Schrier asked, if that is the case, why only one bidder.
Ms. Florek asked if this is the same bidder that is on the state contract
for ambulances. Mr. Smith said
ambulances are not on state contract because they are not a commodity and the
different specs go above and beyond state contract.
Mr. Pierson noted that at least four bid packages were sent out.
Mr. Phelan asked Mr. Smith if he had anticipated that only one company
would respond based on the number of bid packages that were sent out.
Mr. Smith said he was not surprised based upon the module frame
construction in the specs. Mr. Smith
explained that module frame construction means that the vehicle could sustain a
full side impact and remain intact. Ms.
Florek asked about the market share and if this is the standard.
Mr. Smith replied that if more first aid squads understood the value of
material and craftsmanship it would be, noting that Mr. Schrier made a motion that Mr. Mountain should proceed with a Notice of Intent to Award a Contract to VCI, noting that the bid amount of $161,897 does not include a discount and that the amended ordinance will reflect the First Aid Squad’s contribution of the difference between the original ordinance amount of $150,000 and the actual bid amount; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 6.
Resolution R2006-91 RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW
JERSEY, FOR THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE FOR PREMISES KNOWN AS
SAMMY’S YE OLD CIDER MILL COMMENCING JULY 1, 2006
WHEREAS, application for the renewal of a Retail Plenary Consumption
License has been made by Sammy’s Ye Old Cider Mill, LLC, trading as Sammy’s
Ye Old Cider Mill, for premises located at 353 Mendham Road West, Township of
Mendham, the period of such renewal to commence on July 1, 2006; and
WHEREAS, the applicants have complied with all of the requirements of the
New Jersey Alcoholic Beverage Act, as amended and supplemented, and Section 7-3,
Alcoholic Beverage Control, of Chapter VII, Licensing, of the Revised General
Ordinances of the Township of Mendham, 1970, as amended and supplemented,
including the submission of the appropriate license fee; and
WHEREAS, no objections to the renewal of said license have been received.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
1.The Township Clerk is hereby authorized and directed to issue and
deliver Retail Plenary Consumption License in the form approved by the New
Jersey Division of Alcoholic Beverage Control for the year commencing July 1,
2006 and terminating June 30, 2007 to Sammy’s Ye Old Cider Mill, LLC, trading
as Sammy’s Ye Old Cider Mill for premises situate on 353 Mendham Road West,
Township of Mendham (License No. 1419-33-001-002).
2. A certified copy of this Resolution shall be forwarded by the Township
Clerk to Sammy’s Ye Old Cider Mill, LLC, trading as Sammy’s Ye Old Cider
Mill.
3. Certified copies of this Resolution shall be forwarded by the Township
Clerk to the New Jersey Division of Alcoholic Beverage Control and to the State
Department of Taxation and Finance, Mr.
Phelan made a motion to adopt R2006-91; Mr. Schrier seconded the motion.
ROLL
CALL – All present voted YES. 7.
Resolution R2006-92 RESOLUTION
OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS,
NEW JERSEY, FOR THE RENEWAL OF AN ALCOHOLIC BEVERAGE LICENSE FOR PREMISES KNOWN
AS MENDHAM GOLF AND TENNIS CLUB COMMENCING JULY 1, 2006 WHEREAS, application for the renewal of a Club License has been made by Mendham Golf and Tennis Club, for premises located at Golf Lane, Township of Mendham, the period of such renewal to commence on July 1, 2006; and
WHEREAS, the applicants have complied with all of the requirements of the
New Jersey Alcoholic Beverage Act, as amended and supplemented, and Section 7-3,
Alcoholic Beverage Control, of Chapter VII, Licensing, of the Revised General
Ordinances of the Township of Mendham, 1970, as amended and supplemented,
including the submission of the appropriate license fee; and
WHEREAS, no objections to the renewal of said license have been received.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
1.The Township Clerk is hereby authorized and directed to issue and
deliver the Club License in the form approved by the New Jersey Division of
Alcoholic Beverage control for the year commencing July 1, 2006 and terminating
June 30, 2007 to Mendham Golf and Tennis Club for premises situate on Golf Lane,
Township of Mendham (License No. 1419-31-002-002). 2. A certified copy of this Resolution shall be
forwarded by the Township Clerk to Mendham Golf and Tennis Club.
3. Certified copies of this Resolution shall be forwarded by the Township
Clerk to the New Jersey Division of Alcoholic Beverage Control and to the State
Department of Taxation and Finance, Mr. Schrier made a motion to adopt R2006-92; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2006-93 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, a need has arisen for a seasonal employee in the Department of Public Works; and WHEREAS, it is the recommendation of the Superintendent of the Department of Public Works that Michael Pressl be hired as a seasonal employee in the Department of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Phelan made a motion to adopt R2006-93; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 9. Resolution R2006-94 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ADOPTING RULES AND REGULATIONS RELATING TO OBTAINING A PERMIT TO HUNT WITHIN THE TOWNSHIP OF MENDHAM
WHEREAS, in order to promote greater safety in hunting in NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following Rules and Regulations for obtaining a permit to hunt with Mendham Township are hereby promulgated pursuant to Section 3-7.4(b)(1) of the Mendham Township Ordinance Code; 1. The authorized agent of the Mendham Township Committee for the purposes of issuing permits to discharge firearms or use bows and arrows or hunt within the Township shall be the Mendham Township Police Department. 2. Applications for permits shall be upon forms furnished by the Police Department and shall include the name, address and telephone number of the applicant; description and identification of motor vehicle; State hunting license number; identification of area where firearms discharge or bow and arrow activity (hunting) is to take place; the signed consent of owner of the subject premises, including any restrictions imposed by the landowner. 3. The Township Police Department may establish deadlines for the filing of applications. 4. A permit may be issued in the name of a hunting club provided the club is a nonprofit corporation in good standing and submits a copy of its filed certificate of incorporation. A property owner may sign a single written permission which will be effective for the members of such a club whose names are attached to the permission. Each club member must carry the permission and in all other respects must comply with the Township requirements for a Township hunting permit. 5. Permits may only be issued to hunt with a firearm on properties of five acres or more and to hunt with a bow and arrow on properties of three acres or more. Properties of less than the minimum five acres for firearm hunting and less than the minimum three acres for bow and arrow hunting may be combined with no more than three contiguous properties to achieve the minimum acreage, provided that all three contiguous property owners agree. However, the Wildlife Management Committee shall review the particular combination before hunting takes place. The Committee shall review requests on a case by case basis taking into account the unique specific factual circumstances such as but not limited to, the location of buildings, line sight and terrain. Once the combination of up to three contiguous properties for the purposes of hunting has been reviewed by the Wildlife Management Committee, those owners shall register the combination of properties with the Mendham Township Police Department. 6.
All hunters must have a valid hunting license issued by the State
of 7. All hunters must have viewed the video tape and completed the Mendham Township Committee approved Hunter Orientation Course that is given by the Mendham Township Police Department. 8. The Police Department shall issue appropriate permits and decals for those applications found to be in order. One permit and decal(s) shall be issued for a fee of $10 for a one year period commencing July 1 and expiring June 30. 9. The decal shall be affixed to the rear bumper of the hunter’s vehicle. 10. In the event a permit is refused by the Police Department, the applicant may request and shall be afforded a hearing within thirty days before the Police Committee of the Township Committee. Subsequent to such hearing the decision of the Police Department may be modified, affirmed or reversed. In the event of reversal, a permit shall be issued forthwith. 11. Each permittee shall be furnished with copies of this resolution and Ordinance 20-98. 12. To assist in the implementation of Ordinance 20-98 and this resolution and to assist the Police Department in the formulation and conducting of a Hunter Safety and Orientation Course, there shall be a Wildlife Management Committee comprised of not more than five persons: (1) not more than three Township residents appointed by the Township Committee who shall serve at the pleasure of the Township Committee, (2) the Chief of Police, and (3) a member of the Township Committee. 13. In the event a deer is wounded on huntable land and runs to adjacent non-huntable or posted land, the hunter should seek permission from the adjacent property owner to claim the wounded animal. In the event permission is denied, the hunter shall withdraw immediately, report the location of the wounded animal to the Police Department as soon as practicable, and consider the matter closed. 14. In the event a permittee violates any provisions of Ordinance 20-98, the State Fish and Game law, these regulations or the consent of the owner of the subject property, the senior officer of the Police Department on duty may immediately take the Township hunting permit and summarily revoke the permit and that person shall be ineligible to obtain a Township hunting permit for the following three years. The Police Department shall also have the power to impound the weapon as evidence. 15.
Hunters obtaining hunting permits from Mr. Schrier asked about section #4 and if the Borough Hunting Club hunts in the Township. Chief Costanza said he didn’t think they were still in existence but would try to contact someone to inquire. Mr. Schrier asked for the current deer population in the Township as well as last year’s population. Chief Costanza said there is no way to get those numbers, but he does receive the numbers of deer taken by hunters. He said the only accurate way to get the population numbers if by flyovers which are too expensive. Mr. Pierson said he thinks there are fewer than last year. Mr. Schrier said that is too random and he would hate to believe that the deer population is being reduced too much. Mr. Pierson said the state average for one square mile is 15-20 deer and we should talk to the County to see if they planned to do a flyover that perhaps the Township could piggyback on for all or part of the Township. Mr. Phelan made a motion to adopt R2006-94; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. 10. Discussion of Regional High School Issue – Mr. Pierson noted that the Township Committee, over the last year and a half, have raised an issue that has been continuously swept under the rug by the regional school board, and have raised it to a point where there have been meetings with people bringing in experts, talked to people in the other sending districts, predictably been blown off by Washington Township and initially not gotten support by any other town but Chester Borough. He said there are now signs that Chester Township may be joining and also Mendham Borough. He said people in other towns are enthusiastic and have infuriated many of the elected officials from the other towns He said the goal is to get a per-head tax as opposed to assessed value. He asked how they should move forward. Mr. Schrier suggested that it be confirmed that the State Dept of Education has accepted the number that Mendham Township came up with for the Regional High School budget and that the other towns have gone along with it and then convene a meeting with all five towns for a discussion. Ms. Florek said that is the direction that has been talked about. She said she has prepared a package of information from the State that will be delivered to Mayor Verbaro this week, which gives the details from the State dept. She said the State Dept of Education understands what the issues are and are ready to come in and go through with the five towns what the options are and what the possibilities are. Mr. Pierson said he would like to find out about the Township getting a second member on the regional board. Mr. Schrier said the issue of the proposed golf course in Washington Township connecting to the wastewater line for the expanded Central High School remains. However the DEP says the golf course can’t be constructed because it is in the Highlands Preservation Area and he has been working with the DEP. At this time the DEP is leaving the decision to the Highlands Council, but in the meantime the Board of Education went to the schools construction company and received $2 million to run a longer line to bypass the golf course. Mr. Pierson asked Mr. Mountain to follow up on the budget changes and if approved, arrange a meeting with the other municipalities. ADMINISTRATOR REPORT
1. Mr. Mountain reported that the summer intern will be at the next meeting and is working on several projects, among them an analysis of fees charged. 2. Mr. Mountain reported that all parties have met regarding the emergency services building and are waiting for the architect to complete his report. OPEM ITEMS LIST The Open Items List was reviewed an updated. CORRESPONDENCE1. NJLM Advisory (8) ; Property Tax Brochure ; Legislative Bulletin 2. NJ Historic Trust / Community of St. John Baptist Convent 3. George and Marian Koste / Thanks to DPW 4. NJDEP / National Flood Insurance Program Info 5. JCP&L / Notification of Aerial Patrol 6. County Board of Taxation / Grant for computer equipment LEGISLATIVE REPORT Mr. Pierson suggested a resolution expressing opposition to the proposed cable TV statewide franchise. Mr. Schrier made a motion to adopt such resolution; Ms. Florek seconded the motion. ROLL CALL – All present voted YES. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public.
Marian Koste, Ironia Road: thanked the Committee for moving forward with
the regional high school funding issue. She
also feels the police should take the initiative in enforcing ordinances, for
example, landscaping trucks on the roadways on Sundays and power equipment being
operated at inappropriate times. No others asked to be heard. Upon
motion duly made and seconded the meeting was closed to the public. Upon motion duly made and seconded the Committee went into closed session
at 9:46 p.m. Several police
personnel matters were brought to the attention of the Committee by Chief
Costanza. Mr. Mountain updated the
Committee on a matter of possible acquisition of property. There was a brief
discussion about the proposed location of a new police headquarters. Upon motion duly made and seconded the Committee returned to open session
at 10:30 p.m. Upon motion duly made and seconded the meeting adjourned at 10:30 p.m. Respectfully submitted: Penny Newell, Township Clerk Attachments: Approved Bill List |
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